Edited by Stephen Tully
Chapter 16: UN: International Covenant on Economic, Social Cultural Rights, 1996
16. UN: International Covenant on Economic, Social and Cultural Rights, 1966 Commentary: The ICESCR (1966) 993 UNTS 3 (entry into force 1976) is administered by the Committee on Economic, Social and Cultural Rights, a body of independent experts which evaluates government reports concerning progressive implementation and issues general comments interpreting particular provisions. The Committee cannot consider individual complaints, although a draft Optional Protocol has been under consideration for a lengthy period. See further, www.ohchr.org. For the application of economic, social and cultural rights to corporations under the African Charter on Human and Peoples’ Rights, see African Commission on Human and Peoples’ Rights, Social and Economic Rights Action Centre & the Centre for Economic and Social Rights v Nigeria, Communication No 55 (1996). On violations, see the 1997 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights (1998) 20 Human Rights Quarterly 691. For academic commentary, see Scott C. (2001), ‘MNEs and emergent jurisprudence on violations of economic, social and cultural rights’, in Eide A., C. Krause and A. Rosas (eds), Economic, Social and Cultural Rights: A Textbook, Kluwer: The Hague (2nd edn) pp. 563–95. Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and...
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